Thursday, 7 April 2011

Brazil, the Third Chamber of the Superior Court of Justice (STJ) excluded the collection of copyright royalties in relation to a religious event. The event which took place in 2002 and was organised by the Archdiocese of Victoria was of free entrance and organised without any profit in mind.

First Instance: action was brought by the Central Bureau of Collection and Distribution (ECAD) and was heard by the Court of the Holy Spirit (TJES) which held that Article 68 of Law No 9.610/1998 authorize the collection of royalties. The Archdiocese appealed to the Supreme Court.

Appeal Court: reverted the first instance decision (full vote) --Rapporteur of the appeal, Minister Paulo de Tarso Sanseverino admitted that the isolated reading of Article 68 of Law No 9610/98 indicates the requirement of payment. However, he explained that "Articles 46, 47 and 48 provides limitations on copyrights”. The rapporteur noted that among these limitations are the right to intimacy and privacy, national development and culture, education and science.

Also, he noted that Article 13 TRIPS, of which Brazil is a signatory, allows the restriction of copyright if it does not interfere with the normal exploitation of the work or there is no unreasonably prejudice to the right holder. He concluded that in this specific case, “the fundamental right to freedom of worship and religion prevailed”.